Terms & Conditions

MEMBERSHIP AGREEMENT

  1. PARTIES

This hereby Membership Agreement (“Agreement”); between the owner of www.modacruz.co, located at:Büyükdere Caddesi Noramin İş Merkezi B5 Sarıyer/İstanbul, ModaCruz Elektronik Hizmetler ve Ticaret Anonim Şirketi

(“MODACRUZ”) and the website user becoming a member of www.modacruz.com (“Platform”) by accepting the conditions below (“Member”); has been drawn up to determine the conditions which need to be met for  a Member to benefit from  the Services offered by MODACRUZ.

The BUYER shall be hereinafter referred to as “Party” individually and “Parties” collectively.

  1. DEFINITIONS

Buyer: Refers to the legal person who buys or acts with the intention to buy products or services subject to electronic trade via a platform.

Policy for Privacy and Protection of Personal Data: Refers to the text which can  be accessed via the wwww.ModaCruz.com platform and which constitutes  the general privacy policy related to MODACRUZ’s personal data and use of cookies, including in the forms in which  and purposes for which MODACRUZ will use these personal data submitted by Members via the Platform.

Services: Refers to the applications implemented  by MODACRUZ to ensure Members perform the functions and transactions defined in the hereby Membership Agreement.

LPPD: Refers to The Law on Protection of Personal Data no 6698 .

User/Visitor: Refers to people who visit www.ModaCruz.com without becoming a member of the website.

Guest User: Refers to people who shop from www.ModaCruz.com without becoming a member of the website.

  1. RIGHTS AND OBLIGATIONS OF PARTIES

3.1. In the case of dispute concerning the person to which  the rights and liabilities of membership belong  and the persons in question submitting a request with MODACRUZ in this respect, the person who last made a payment to MODACRUZ for any given Service via the relevant Membership account will be accepted as the owner of the Membership account and action will be taken accordingly.

3.2. In the case where   a Member wishes to initiate a legal transaction or a purchasing process in relation to the campaigns and/or advertisements displayed on the Platform, they accept and express that they are obliged  to fulfill  all legal obligations  and  complete all legal procedures required, including those stated on the Platform, and that MODACRUZ shall not be responsible to be aware of or to undertake  the obligations  and procedures in question.

3.3. The Member, with regards to  the transactions and correspondence they carry out via the Platform, accept and express they will adhere to the provisions in this hereby Membership Agreement, to the applicable legislations and to the code of ethics. The legal and criminal liabilities related to the Member’s actions and transactions within the Platform rest with the Member.

3.4. Pursuant to the applicable legislations, in the event a request submitted by competent authorities, MODACRUZ will be able to share the information it has, related to the Member, with the authorities in question.

3.5. In cases of forgery, fraud, misuse of the Platform, and offences  which may constitute  a crime in terms of the Turkish Criminal Law, personal data obtained from Members during the process of membership via  the Platform and/or shopping, may be provided to other Members who may be parties to an offense , limited to the issue in request for parties to exercise  their legal rights and limited to this context.

3.6. The Member shall not use the Platform in a manner that is contrary to law and morality, especially in the following cases.

3.6.1. Using the Platform as a database on behalf of any person, to create a recording or directory, to check, update or modify;

3.6.2. Using the Platform to disrupt it completely or partially, to alter it or use it for reverse engineering purposes;

3.6.3. Carrying out transactions with false information or by using another person’s information, false or misrepresented residential address, electronic mail address, contact, payment or account details included, incorrect or misrepresented personal data usage for creating fake Membership accounts and the misuse of these accounts in relation to  the Membership Agreement or applicable  legislations , using another Member’s account without permission, acting as another person or acting as a party or participator with an false name;

3.6.4. The use of comment and rating systems for purposes which are  irrelevant to the Platform such as publishing the comments on the Platform in places other than the Platform, or in ways that are irrelevant to its purpose such as using it to manipulate systems;

3.6.5. For a virus or other harmful software to spread throughout the Platform, the Platform’s database, any content on the Platform;

3.6.6. For actions which will cause an overload on the technical systems and communications or harm the technical process to take place, for “screen scraping” software or systems to be used on the Platform without MODACRUZ’s written consent, such as automatic programs, robots, web crawlers, spiders, data mining and data crawling, and for any content on the Platform, completely or partially, to be copied, published or used.

3.7. The Member is responsible for carrying out transactions on the Platform without causing MODACRUZ material and the Platform technical harm under any circumstances. The Member accepts and guarantees that they have taken all necessary precautions to protect the Platform from all kinds of harmful programs, viruses, softwares, unlicensed products, trojans, etc., including using security software and licensed products.

3.12. Usage of the Platform or its contents contrary to the conditions of use indicated in the hereby Membership Agreement or applicable legislation provisions  will be deemed contrary to the law; MODACRUZ reserves the right to file lawsuits suits, bring claims and pursuance.

  1. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

4.1. Processing of Personal Data:

MODACRUZ gives importance to adherence to all kinds of regulations, including the LPPD, when it comes to processing personal data obtained from Members via the Platform to benefit from  the Services offered on the Platform, as well as ensuring the security and protection of these data. In this context, MODACRUZ collects, uses, transmits and processes personal data provided by Members in other ways, pursuant to the Policy for Privacy and Protection of Personal Data and this hereby Agreement found on the platform www.Modacruz.co. The Policy for Privacy and Protection of Personal Data is an inseparable part of this hereby Membership Agreement.

4.2. PURPOSE OF PROCESSING OF PERSONAL DATA:

The Personal Data that the Member is required to submit  in order to gain the Membership status  are processed;

With the aim of ensuring the rights and liabilities arising from the Membership Agreement for MODACRUZ and the Member are performed ,

With the aim of fulfilling the legal obligations arising from the Membership Agreement pursuant to the Law on the Protection of the Consumer and the Turkish Code of Obligations,

Pursuant to the Law on the Regulation of Electronic Trade, the Turkish Commercial Code, Law no. 5651 and the Tax Procedure Law (in relation to regulations),

With aim of being able to offer you, as our Member, discounts, opportunities and benefits according to your personal taste and preferences and to send commercial electronic messages upon  your approval,

In the context of various CRM applications we use in order to increase your customer satisfaction/loyalty.

4.3. Use and Rights Regarding Your Personal Data:

Your rights to know whether As ModaCruz your personal data are processed in line   with the aims we have indicated above,

Learn whether or not personal data have been processed,

Request information on the procedure, if personal data have been processed,

Obtain information on the purpose of processing personal data and find out whether personal data were used as fit for the purpose,

Obtain information  about the third persons to whom personal data were communicated domestically or abroad,

Request the correction of personal data that may be incompletely or inaccurately processed,

Request the deletion or destruction of personal data within the provisions set forth in the 7th clause,

Request that the third parties to whom personal data are transferred are informed about  the transaction made pursuant to sub-paragraphs (e) and (f),

Objection to the occurrence of a result which is at the detriment of the person concerned by analyzing the processed data exclusively through automated systems,,

Has the right to request compensation for  damages in the case   damages are sustained  as a result of the illegal processing of personal data.

For more information regarding the use of personal data and related conditions and your rights, you may study our Policy for Privacy and Protection of Personal Data and exercise your rights by sending an e-mail to the address customercare@modacruz.co. The e-mail address you will be using must be the e-mail address you submitted during your ModaCruz order process. Otherwise, requests received from other e-mail addresses will not be taken into consideration.

4.4. Transmitting of Personal Data:

For the planning and implementation of marketing processes of products and services for you, the planning of processes related to obtaining the highest benefit from the products and services the company offers, your identification details, contact details, purchase order information and marketing information which you have shared within the scope of your legal relationship with ModaCruz, will be shared by ModaCruz :

With cargo companies to ensure delivery of products you have purchased to your or to another indicated address,,

To conduct targeting, profiling and analyses upon determining user habits.

With  reference to the commercial electronic message approval you may have given ModaCruz during your membership process; to offer discount campaigns, to present specialized content, digital marketing, on-site remarketing and advertising,

In the context of planning and development of company business and strategy based processes, evaluation, analysis and optimization operations in relation to advertisements,

Market research and surveys in the context of planning and implementation of market research operations for the sales and marketing of the products and services offered by the company, with our domestic and overseas business partners when necessary and to a sufficient degree.

4.5. Data Security Measures:

MODACRUZ takes all necessary measures to ensure that  personal data is protected in a secure manner pursuant to LPPD and for the prevention of unauthorized access and illegal data processing. In this context:

Web Sites which record Personal Data open with “https.” This way, unauthorized 3rd parties are prevented from seeing the personal data shared by the Member on  the web site -s.

WAF and CDN are used for protection of personal data against outsourced threats.

Limited access of relevant departments within the company to Members’ personal data   is ensured with an Access Authorization and Control matrix.

Members’ personal data are shared at a necessary degree with Cargo Companies or 3rd Party Companies we receive Data Processing services from.

Secure channels are being used for sharing Members’ personal data in an electronic environment.

You may view our Policy for Privacy and Protection of Personal Data for more information in relation to data security.

4.6. Changes and/or Updates of Your Personal Data

Members can make changes on their transactions before their item is shipped. To do that they need to contact ModaCruz at customercare@modacruz.co

4.7. Preservation Periods of Personal Data:

Your personal data processed in reference to your membership are preserved by ModaCruz, limited to the periods of time indicated below:

As long as the membership status is valid,

Your traffic information – 2 years, pursuant to Law no.5651,

Upon ending  of membership status:

5 years, 10 years pursuant to TCC and TPL,

1 year, pursuant of the Electronic Trade regulation as of the date you retract your commercial electronic message approval.

Records related to all electronic trade, 3 years pursuant to Electronic Trade regulations,

10 years pursuant to the Law on the Protection of the Consumer and Turkish Code of Obligations.

After these periods have elapsed , your personal data will be anonymized and used by MODACRUZ.

  1. INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights of the “ModaCruz” brand and logo, “ModaCruz” Platform design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and other content produced by MODACRUZ in relation to these, belong to ModaCruz. Members cannot use, share, distribute, exhibit, copy or reproduce work derived from the property of MODACRUZ or its subsidiaries which are subject to intellectual property rights, without written consent. Members cannot use the mobile application or the Platform, in full or partially, in another environment without the written consent of MODACRUZ. In the case where a Member or third parties act in breach of the intellectual property rights of MODACRUZ, the Member is obliged  to compensate for the direct and indirect harm and costs of MODACRUZ and/or the third party in question.

  1. AMENDMENTS TO THE AGREEMENT

MODACRUZ can unilaterally amend all kinds of policy, provision and condition as they see fit, including the Policy for Privacy and Protection of Personal Data by means of announcing via the Platform, provided that they comply with the applicable legislation provisions. Changing provisions in the hereby Membership Agreement will become valid as of the date they are announced on the Platform, remaining provisions will remain valid to generate verdicts and results.

  1. FORCE MAJEURE

In the event that insurgency, embargo, government intervention, rebellion, invasion, mobilization, strike, lockout, work actions or strikes, cyber attacks, communication problems, infrastructure and internet breakdowns, system improvement and renewal work and breakdowns that may occur due to these, electricity cuts, fire, explosions, storms, floods, migration, epidemics or other natural disasters or other events which are beyond the control of, which cannot be attributed to  MODACRUZ and cannot be foreseen (“Force Majeure”) prevent or delay MODACRUZ from fulfilling the obligations of the hereby Membership Agreement, MODACRUZ cannot be held liable for the prevented or delayed obligations due to Force Majeure and this situation cannot be deemed as a breach of the hereby Membership Agreement.

  1. GENERAL PROVISIONS

8.1.  Members accept that in the case of a dispute which may arise from the hereby Membership Agreement, MODACRUZ’s official books and commercial records and the e-archive records kept in MODACRUZ’s database and servers, electronic information and computer records will be considered binding, crucial and exclusive evidence and that this clause will be considered as an evidential contract in terms of the 193rd clause of the Civil Courts Law no.6100.

8.2.  The hereby Membership Agreement will be exclusively governed by the Laws of the Republic of Turkey .  Istanbul Consumer Arbitration Board and Istanbul (Caglayan) Courts and Enforcement Office shall have jurisdiction over the settlement of  all kinds of dispute arising  from the hereby Membership Agreement or related to this hereby Membership Agreement

8.3. MODACRUZ will contact the Member via the e-mail address or by sending an SMS, details of which were provided by the Member during the membership process. The Member is responsible for keeping their e-mail address and telephone number up to date.

8.4. This hereby Membership Agreement constitutes  the entire agreement between the Parties relating to the matter. , .Should any provision in this  Membership Agreement is declared invalid in part or in full, inapplicable or unreasonable by an authorized court, arbitration commission or administrative authority, this Membership Agreement shall be deemed as severable to the extent of the invalidity, inapplicability or inadvisability in question, and remaining provisions shall continue to be in effect.

8.5. Members cannot completely or partially assign their rights or obligations specified in the hereby Membership Agreement without a prior written consent from MODACRUZ.

8.6. Failure to exercise or perform any right granted to it under this Contract by either Party shall not be construed as a waiver of such right or shall not prevent future exercise or performance of such right.

As of the 8th clause onwards, this hereby Membership Agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment.